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Advertising Disclosure Requirements

SEC Compliance Consultants, Inc. (SEC³)

Nine Advisers Face $1.24 Million Fallout from SEC’s Marketing Rule Sweep

September 30 is the SEC’s fiscal year-end, so it's no surprise to see an uptick in enforcement cases this month. The latest slew of settlements involved violations of the Marketing Rule (Advisers Act Rule 204(4)-1) for...more

BCLP

Part 3: What the FTC’s Final Rule Means for Incentivized Reviews

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In this post, part of a six-part series, we explore what the FTC’s Final Rule on consumer reviews and testimonials means for incentivized reviews. The Final Rule prohibits businesses from providing compensation or other...more

Kelley Drye & Warren LLP

FTC Staff Report on MLM Income Disclosures: Many Observations Lead to Many Questions

Yesterday, the Federal Trade Commission issued a staff report documenting its review of 70 publicly available income disclosure statements from a wide range of multi-level marketing (MLM) and direct selling companies...more

Lippes Mathias LLP

New York Poised to More Actively Regulate the Pet Insurance Market

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The New York State legislature recently passed a bill that will, if approved by Governor Hochul, create a regulatory framework for the issuance of pet insurance in New York, mirroring similar legislation enacted in states...more

Kelley Drye & Warren LLP

NAD Decision Considers “As Seen In” Claims

LegalZoom has a box on its website with the title ​“As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate...more

Venable LLP

Façade, Fraud: FTC Final Rule Banning Fake Reviews

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On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...more

Kilpatrick

5 Key Takeaways - Marketing and Advertising in California: Compliance with the "Honest Pricing Law"

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Kilpatrick partners Michele Floyd and Evan Nadel recently presented a webinar to the Association of Corporate Counsel’s Georgia Chapter on the topic of “Marketing and Advertising in California: Compliance with the 'Honest...more

Gardner Law

FDA Faces Pressure to Enhance Oversight of Online Prescription Drug Promotions

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The U.S. Food and Drug Administration (FDA) is facing pressure from Congress and the medical community to enhance its oversight of online prescription drug advertising. The pressure comes amidst growing concerns about social...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 15

Stretching the Truth? Class Action Targeting Lululemon Claims Athleisure Brand "Greenwashing" Its Environmental Impact - Claims of greenwashing in the ESG space continue: A Florida class action lawsuit alleges that...more

Troutman Pepper

30 States Reach Settlement Outlining Expectations for Paid Endorsements

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Last week, a bipartisan coalition of 30 state attorneys general (AG), led by Florida, Illinois, New York, and Texas, reached a settlement with Cameo — an online service that allows fans to pay for customized messages from...more

Kelley Drye & Warren LLP

Cameo Settles with 30 AGs Over Endorsement Issues

Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired...more

Hudson Cook, LLP

FTC Settlement Offers Plenty to Think About Regarding "Up To" Advertising Claims

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I counsel many clients on advertising compliance, and one frequent topic of discussion in that work relates to use of "up to" and "as low as" advertising claims. Companies naturally want to give this information to potential...more

Fenwick & West LLP

California’s Hidden Fee Ban: FAQs and Guidance

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On July 1, 2024, California’s law banning hidden fees took effect. Under the Consumer Legal Remedies Act (CLRA), SB 478 provides that businesses transacting with California consumers may not apply additional fees or charges...more

King & Spalding

FDA Issues Updated Draft Guidance on Addressing Misinformation About Medical Devices and Prescription Drugs

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On July 8, 2024, the U.S. Food and Drug Administration (“FDA”) issued a new draft guidance for industry titled, Addressing Misinformation About Medical Devices and Prescription Drugs – Questions and Answers (hereafter,...more

Carlton Fields

Is AI Asking for Your Vote? A Survey of How Election Law Deals With Generative Artificial Intelligence Across the U.S.

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The increased use of generative AI has prompted concern across the United States, leading states to hurriedly craft laws either barring the use altogether of these tools or requiring disclosures in political advertisements....more

Hudson Cook, LLP

FTC and Online Used Car Dealer Agree to Settle Alleged Unfair and Deceptive Advertising and Business Practices Claims

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On July 2, 2024, the FTC filed a joint motion for entry of the FTC and the Company's stipulated order for permanent injunction, monetary judgment, and other relief to resolve allegations of misleading consumers who purchased...more

BakerHostetler

California’s SB 1524 Seeks to Exempt Restaurants from Forthcoming Hidden Fee Ban

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On July 1, California Senate Bill 478 (SB 478) will take effect. Enacted to augment the Consumer Legal Remedies Act’s ban on certain deceptive advertising practices, this measure seeks to address the growing prevalence of...more

Arnall Golden Gregory LLP

A Guide to Understanding FTC’s Regulations for Endorsements and Testimonials in Influencer Advertising

Surprise, surprise, it turns out that the Federal Trade Commission (“FTC”) is serious about the misuse of endorsements and testimonials in advertising. In October 2021, the FTC sent out a Notice of Penalty Offenses to...more

Fenwick & West LLP

Leveraging AI Generators for Consumer Engagement: Considerations for Brands

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A survey by Billion Dollar Boy revealed that brands experienced more positive consumer engagement with generative AI content than traditional content. Brands utilizing AI generators may gain a competitive edge, but it's...more

BakerHostetler

Minnesota Passes Junk Fee Law and California Issues FAQs

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It seems it’s not only the Biden administration that believes regulating “junk fees” is popular with voters. Minnesota joins California as states that have passed their own junk fee legislation. And given the number of other...more

Shook, Hardy & Bacon L.L.P.

NAD Finds Fenty Skin Cleanser Claims Supported, Recommends Changes for Influencer Disclosures

The Better Business Bureau’s National Advertising Division (NAD) has ruled that Fenty Skin LLC provided a reasonable basis for certain product claims made during product demonstrations on social media featuring influencers...more

Kelley Drye & Warren LLP

NARB Disagrees with NAD on Package Disclosures

Glad advertises that its ForceFlex MaxStrength bags are ​“25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon ForceFlex bags. A...more

Kelley Drye & Warren LLP

CARU Reviews Disclosures in Sponsored Content Directed to Kids

The Children’s Advertising Review Unit (or ​“CARU”) recently launched an investigation into the ​“Vlad and Niki” YouTube channel owned by CMG. The channel is described as a ​“global preschool phenomenon and highest rated kids...more

Wiley Rein LLP

FCC Chair Proposes AI Disclosure Requirements for Political Ads

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On May 22, 2024, Federal Communications Commission (FCC or Commission) Chairwoman Jessica Rosenworcel announced that she had circulated a draft notice of proposed rulemaking (NPRM) to her colleagues on the use of artificial...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 7

With a Little Nudge from the FTC—NAD Able To Take a Closer Look at "Smarter Reviews" Advertising - Following a referral to the FTC, a "review" site suspected of improperly making advertising claims that look like editorial...more

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